THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • SEPTEMBER 2022 Dealing with YourvirusMonkeyPoxtheatworkIsLackofSleepRuiningLife?
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of contents It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability, or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the executive director of the Lee County Bar Association, Lauren Baugh at lbaugh@ leebar.org or 239-334-0047. ad directory Agoston Law Group 33 AIM Target Programs, INC 10 Aloia, Roland, Lubell & Morgan, PLLC IBC Barbara Pizzolato 19 Bounds Law Group 11 Boy Agnew Potanovic Miller 23 Brazzeal Mediation 37 Business Observer 35 Calvo & Calvo Attorneys at Law 29 Christina Mehta, LLC Realtor 33 CONRIC pr + marketing 32 Dal Lago Law 27 DeMine Immigration Law Firm 17 Donna Tisch 25 Edison National Bank BC Ft. Myers Court Reporting/Accurate Serve (Merging) 13 Frank Piazza, P.A. 35 Gulf Coast Bank IFC Law Firm of Scott T. Moorey 19 Law Offices of Dennis L. Webb 27 LCBA 11 LCBA 11 LCBA 16 LCBA 29 LCBA 37 McHale, P.A. 19 Musca Law Office, Inc. 3 Ringsmuth, Day & O'Halloran 7 Roetzel & Andress 23 Roetzel & Andress 34 Senior Advocacy Group 25 Sheldon E. Finman, P.A. 36 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Stockman Mediation 35 The North Law Firm, P.A. 10 Wright Mediation 29 ON PAGE 20 ON PAGE 30 on the cover departments 20 Is lack of sleep ruining your life? Keith Grossman, Esq. special features 6 Letter from the President Tiffany Pereira, Esq. 8 Letter from the Executive Director Lauren Baugh 10 Calendar of Events 12 Ethically Speaking Henry Lee Paul, Esq. 14 YLD special feature Dealing with the Monkeypox Virus at Work? Ashlea Edwards, Esq. 17 2022 Florida Super Lawyers and Rising Star Listing 18 Guest Attorney Ready to Dash? Mag. Kimberly Davis Bocelli and John Miller, Esq. 24 Helping Clerks Help You Kevin Karnes, Lee County Clerk of Courts & Comptroller 26 Past Presidents Q&A Featuring Hon. Kathy Sturgis Holly Cosby, Esq. 28 Legal Lens LCBA Luncheon 30 The Dish Oxbow Lauren Baugh 32 New Members 33 100 Club 34 5 Things You Don't Know About Me (member) Yesenia Castro, Esq. 36 5 Things You Don't Know About Me (member) Joseph Coleman, Esq. 38 In The News
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Travis Russell, Esq. John Miller, III, Esq.
BENCH-BAR GALA Diana "Dawn" Maselli, Esq. DIVERSITY AND INCLUSION Kelly L. Fayer, Esq. and Ita Neymotin, Esq.
Anne Dalton, Esq.
LAW RELATED EDUCATION T. Rankin Terry, Esq.
BOARD MEMBERS
TREASURER Hon. Kathleen Smith
ELDER LAW
GENERAL CIVIL AND BUSINESS LITIGATION Carlos Kelly, Esq. and George Knott, Esq.
APPELLATE LAW
Indera DeMine, Esq. and Nirupa Netram, Esq.
Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com
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president's letter
Kayla Richmond Miller, Esq. and Danielle Seitz, Esq.
LAND USE GOVERNMENTALANDLAW
YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq.
IMMIGRATION LAW
I’m looking forward to seeing you at the Downtown Dash on September 16th. This year, the Dash is once again benefitting the YMCA. Awards will be given for various age groups, court staff, legal staff and lawyers.
REAL PROPERTY, PROBATE AND TRUST LAW
MOCK TRIAL Shaina Zuppke, Esq. and Eunice Gedeon, Esq.
CORPORATE LAW Alicia Olivo, Esq.
Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq.
VICE PRESIDENT Spencer Cordell, Esq.
INTELLECTUAL PROPERTY Mark Nieds, Esq. and Holly McFall, Esq.
LCBA FOUNDATION CHARITY GOLF TOURNAMENT Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.
PRO BONO Andrew Banyai, Esq. and Michelle Trunkett, Esq.
SOLO & SMALL FIRM
Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq.
Dawn Maselli, Esq. and Diana Castrillon, Esq.
FAMILY LAW
LEE COUNTY BAR administrationASSOCIATION
close in on the end of the year, I am particularly excited for September because my family will be complete! We are welcoming our daughter, Camila, towards the end of the month. If you didn’t know, I have two wonderful boys, and I am so excited to have a girl on my team now. I look forward to introducing you to her at our various events through the end of the year.
Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq. committee chairs
Blake Hampton, Esq. and Amy McGarry, Esq.
PRESIDENT Tiffany Pereira, Esq.
If you’re like me, you will sign up for the t-shirt! That being said, volunteers are always needed, so that is another way to get involved if you aren’t feeling particularly…
Fall is here! This month, I am addressing you from a Florida Bar Young Lawyers Division Board of Governors meeting in Palm Beach. I am joined by fellow 20th Circuit Governors and LCBA members, Kayla Richmond Miller and Joseph Coleman. This morning, we had a joint meeting with the “big” Board of Governors and learned about initiatives including Greater Access to Legal Services and continued our day working on other important events and Throughoutprograms.theyear,you receive e-mails from The Florida Bar, particularly John Agnew and Laird Lile, our 20th Circuit Governors, which inform you of what the Board is accomplishing at each meeting. This is a great way to see what important topics are being addressed by your representatives and any feedback is welcomed. I encourage you to give the next one a glance!
CRIMINAL LAW
SECRETARY Peter Knize, Esq.
LAW WEEK Hon. John S. Carlin
Alex Brockmeyer, Esq.
Asagile.we
Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo executive council
Sarah Spector, Esq. and Erica Woods, Esq.
ALTERNATIVE DISPUTE RESOLUTION
Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq.
TORT LITIGATION
practice section chairs
PARALEGAL Rich Haberle
HEALTH AND WELLNESS John Miller, Esq. and Hon. Kimberly Davis Bocelli HISTORY Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.
Life’s Top Lawyers in SWFL ◆ Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years. Free Consultation ◆ Call Anytime 239-332-2500 ◆ 239-245-8646 ◆ SWFLjustice.com 2215 First Street, Fort Myers, FL 33901 Ringsmuth, Day & O’Halloran, pllc ◆ ◆ ◆ criminal defense ◆ ◆ ◆
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Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were SWFL
“AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards
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Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore
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Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism
“10” Rating by Reviews Death Qualified for Death Penalty
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Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit
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Some of our achievements: Former 20th Judicial Circuit Elected State Attorney
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Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States
Former Chair of the Florida Bar Grievance Committee
Former President of the Lee County Bar
20th Judicial Circuit Former City Attorney of Fort Myers
Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer
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Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers
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Tiffany Pereira, Esq.
Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
CONTRIBUTING WRITERS
ResGestae@LeeBar.org239.334.0047
up in October is our Annual Pro Bono Awards Ceremony and Luncheon. If you or someone you know are a Pro Bono Superstar, please send a nomination in. We are so proud of our Pro Bono Legal Eagles and want to make sure they are all honored at this ceremony and luncheon.
MANAGING EDITOR
Is it pumpkin spice latte season already? To all of those (including myself) parents out there who just dropped your children back at school for this new school year, are you ok? My daughter, Eden, just started middle school last month, and I am still in denial. I cannot be the only one trying to figure out how to slow time down.
Keith Grossman, Esq.
CREATIVE DIRECTOR April Bordeaux | CONRIC pr + marketing
Henry Lee Paul, Esq.
Clerk of Courts and Comptroller, Kevin Karnes Holly Cosby, Esq. Magistrate Kimberly Davis Bocelli John Miller, Esq.
EDITORS-IN-LAW
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Speaking of slowing down, the LCBA is not slowing down at all. We have our 3rd Annual Downtown Dash on the 16th of this month. Our Health and Wellness Committee members are excited to get out there and challenge everyone to beat them in this 1-mile race!
Lauren Baugh
ADVERTISING ACCOUNT EXECUTIVE Ryan Gonzalez | advertising@conricpr.com
PUBLISHER
Tiffany Pereira, Esq. and Hon. Kathleen A. Smith
Keith Grossman, Esq.
BILLING INQUIRIES 239.334.0047
Yesenia Castro, Esq.
5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | Info@ConricPR.com
Copyright©2022 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.
I also want to mention another large event coming up. Our annual Bench-Bar Gala will be held on November 12, 2022 at The Westin. You have seen the Save the Date, and the invitations will be going out soon. Should you wish to sponsor this event, please contact me ASAP, so we can get you, your firm, your friends and your friends’ companies involved. This year is going to be unlike any other year!
executive director's letter
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
Connie Ramos-Williams | 239.690.9840 Ext. 1001
FEATURE WRITER
staff
Ashlea Edwards, Esq.
Res Gestae is an award-winning magazine published monthly by CONRIC pr+ marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to Weresgestae@leebar.org.makeeveryeffort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC pr + marketing.
We are lucky to have some really amazing sponsors for this event helping us raise funds for our 2022 beneficiary, the Fort Myers YMCA (for a full listing of sponsors, check out the Dash Flyer, on page 11). All are welcome to run, walk, skip, shuffle or the like at this one-of-a-kind race through Downtown Fort ComingMyers.
I hope to see all of you at our upcoming events. As always, if you have an idea for an event, CLE or program, please contact me and let’s see if we can get it going!
In keeping with the theme of informing everyone on the goings on and what is coming up, I would be remiss if I did not also mention we are seeking LCBA Board Members. These are Member at Large roles, and we have a few available. If you have not done so already, send in your forms if you would like to be considered for this role.
Joe North has been helping clients with injury cases and death cases for 30 years. Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis CourtroomGunApartmentCasesShootingsViolenceCasesTrials Workers’ NegligentSlipWrongfulCompensationDeathCasesPedestrianAccidentsBicycleAccidentsDogBiteCasesandFallAccidentsSecurityCasesSettlementsMaximum Referral Fees 14241 Metro Parkway, Suite 200 Fort Myers Call Joe to Refer a Client: (239)337-1191 TheNorthLawFirm.com Looking for a more accurate and complete drug test? AIM Target Programs utilizes the only instrument testing in the 20th Judicial Circuit, providing 98.2% accuracy and a wider variety of drug detection than other methods. Trust AIM with referralsyourfor: Drug & Alcohol Testing Anger SubstanceDomesticManagementViolenceCounselingAddictionCounseling Serving SWFL for over 30 years with the Joint Commissioner’s Gold Seal of Approval We can provide your team with a drug testing trainer. Call to schedule a tour of our facility! AIM Target Programs, Inc. AIMTargetPrograms.com239.939.3363 aimtargetprogramsinc@gmail.com
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Location: The Collaboratory Register: LeeBar.org
Labor Day Holiday
Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!
LCBA 3rd DowntownAnnualDash
Register: LeeBar.org
Speaker: Trisch Garthoeffner
22
Topic: Ethics in Mediation
LCBA office and courts closed
Presented By: LCBA Health and Wellness
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26 ROSH HASHANAH
Thank You to Our 2022 Annual Sponsors
Location: Microsoft Teams
calendar of events
Noon – 1 p.m.
Speaker: Amy Dalen, Esq.
Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events. Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.
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Topic: TBA
SeeCommitteewebsite for full event listing and details.
LCBA office and courts closed
5 - 7 p.m.
Topic: Business Valuations
Location: Zoom
Register: LeeBar.org
LCBA ADR Virtual CLE
Register: LeeBar.org
Noon – 1 p.m.
Speaker: Henry Lee Paul, Esq.
LCBA Family Law Lunch and Learn (CLE)
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9LCBA RPPTL Virtual Brown Bag
Noon - 1 p.m.
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To truly polish a jewel, you have to study it from every angle. We’re experts in medical malpractice–not just as litigators, but as former high-level defense attorneys for major hospitals and physicians. The other side of the table respects our craft, and we know theirs as well as they do. With experience in every aspect, our unique perspectives ensure there’s never a missed opportunity.
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Bar appealed the Referee’s recommendation of reinstatement in the Murtha case. As part of the appeal, the Bar successfully challenged the authority of the Referee to require mediation in a Bar proceeding. The reasons articulated in the brief give clarification as to the nature of bar proceedings and provides a good opportunity to discuss some of the procedures of the disciplinary system. A Bar prosecution is considered to be a “quasi-judicial administrative proceeding.”
Throughout the process, there is no finality until the Supreme Court has spoken. Proposed settlements can be rejected at multiple levels and additional matters of law and fact can be considered throughout the process. It is often said that there is no res judicata in Bar proceedings. The brief pointed out a peculiarity of Bar proceedings and asserted that the Bar is not a “true party” in the sense of a party to civil litigation. The Bar does not have authority to settle a case in the same manner as required in civil litigation by Fl. R. Civ. P. 1.720 (Mediation Procedures).
The amendment has apparently prohibited the use of mediation in Bar proceedings except for those authorized by Chapter 14 (Grievance Mediation), in which the parties are the Complainant and Respondent, and not The Florida
Bar. Although, in the past, the Bar has voluntarily participated in disciplinary mediation, it appears that will no longer be Thepermissible.protection of the public is a primary concern of the Florida Supreme Court in the exercise of its constitutional mandate to regulate the legal profession. The exercise of this jurisdiction often creates procedures that are unfamiliar to many lawyers involved in other types of Althoughlitigation.
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review process. The brief pointed out that the parties in Bar proceedings do not have authority to “settle” a case. The Bar asserted that “Reinstatement proceedings are not private disputes. Bar counsel cannot shut the doors to sunshine, engage in settlement negotiations that are “confidential,” and enter into a compromise settlement agreement….”
all members of The Florida Bar are charged with knowledge of the rules, that does not always equate to an understanding of the disciplinary process. The amendment prohibiting mediation in Bar proceedings is just one example of how lawyer regulation has different procedures and goals than other types of litigation.
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In my years of practice involving lawyer regulation, I have observed that many lawyers have difficulty in understanding the nuances of our system of lawyer regulation. These nuances are found in many areas, including the multi-level
Rules natureclarifiescaseofbarproceedings
Henry Lee Paul, Esq. is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners. by henry lee paul, esq.
he Court recently adopted rule amendments in SC22-144, In re: Amendments to Rules Regulating The Florida Bar – Rules 3-7.6 and 3-7.10. The amendments prohibit mediation in Bar disciplinary proceedings and reinstatement proceedings. The revisions were initiated by a lawyer reinstatement case in which the Referee ordered the parties to mediation. See, In re: Petition for Reinstatement of Brian John Murtha, TheSC19-277.Florida
Jackie
D. Burrell, RMR, RPR, FPRChristi K. Cole, FPR
Offering exceptional service to the Southwest Florida legal community, this merger makes it even easier to provide certified professional reporters, the most accurate transcripts and straightforward pricing to all clients. Fort Myers Court Reporting/Guardian Reporting 239.334.1411 • 239.334.1476 fmreporting.com • guardianreporting.com 2180 West First Street, Suite 120 • 1601 Jackson Street, Suite 103 Fort Myers, FL 33901 (Downtown River District) We are excited to announce that Accurate Reporters and Fort Myers Court Reporting are joining forces!
The Monkeypox Virus: What Is It?
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J
ust as employers have figured out how to navigate the COVID-19 virus, the next one is poised to take hold – the monkeypox virus. Now declared a global and national public health emergency by the World Health Organization and the U.S., the monkeypox virus continues to spread with almost 10,000 cases in the U.S. and more than 30,000 globally (as of this posting). This new virus brings new considerations for employers.
the CDC warns that the virus can spread to anyone having direct contact with lesions or infected body fluids, by touching fabrics or surfaces used by someone with monkeypox, or through contract with respiratory secretions. An individual infected with the monkeypox virus will typically experience symptoms that include fever, swollen lymph nodes, headache, muscle ache, back ache, exhaustion, chills, respiratory symptoms, and a rash that will go through several stages (including scabbing before healing). Symptoms typically arise within three weeks of exposure and last from two to four weeks. The monkeypox virus is not usually fatal, but infected individuals can suffer severe scarring, blindness, or infections. The CDC does not recommend that everyone be vaccinated against the monkeypox virus at this time. However, vaccination should be considered for individuals who have a known or presumed exposure, are at a high risk for severe disease caused by infection with the monkeypox
VirusMonkeypoxwithDealingtheatwork
• Had multiple sexual partners in the past 2 weeks in an area with known monkeypox; and
While the transmissibility of the monkeypox virus is still being studied,
According to the Center for Disease Control (CDC), monkeypox is caused by an infection with the monkeypox virus, which is from the same family as smallpox (not chicken pox). The first human case recorded was in 1970 and before the current outbreak, monkeypox was generally confined to countries in central and western African. As of now, the virus has spread to more than 88 countries.
• Are aware that one of their sexual partners in the past 2 weeks has been diagnosed with monkeypox;
• Whose jobs may expose them to orthopoxviruses (the genus containing viruses such as smallpox, monkeypox, and other viruses), including lab by ashlea edwards, esq.
virus (including, but not limited to, people with HIV infection or other immunocompromising conditions, who are pregnant, or who are increased risk for serious adverse events following the second generation vaccine created for smallpox prevention called ACAM2000) or may be more likely to get monkeypox. According to the CDC, people may be more likely to get monkeypox if they:
• Have been identified by public health officials as a contact of someone with monkeypox;
employees who are concerned about the virus to consult with their healthcare providers about the availability and advisability of the vaccine for them.
• Avoid public transportation;
• Avoid crowds and congregate settings; and
With the above prevention practices in mind, employers can advise employees on how to protect themselves from the monkeypox virus, emphasize existing hygiene practices, and encourage employees with lesions (or other symptoms) to stay at home or work remotely. Employers should review their own safety programs to ensure that it includes infection disease protocols and otherwise aligns with OSHA guidance.
While the monkeypox vaccine is not readily and widely available in the United States, employers should encourage
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workers who perform testing for orthopoxviruses or handle cultures or animals with orthopoxviruses and some designated healthcare or public health workers.
• Do not share items that have been worn or handled by other people or animals;
• Wash hands often with soap and water or use an alcohol-based hand sanitizer, especially after direct contact with the rash.
• Wear a well-fitting mask (should fit closely on the face without any gaps along the edges or around the nose);
With a general duty to provide and maintain a workplace free from recognized hazards, employers should be considering potential impacts of the monkeypox virus if an employee is exposed. While the Occupational Safety and Health Administration (OSHA) has not issued specific guidance for employers relating to monkeypox, the CDC has published Isolation and Prevention Practices for People with Monkeypox (CDC Prevention Practices), which can be considered in assessing the safety of the workplace.
Prevention Practices
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• Avoid sharing utensils or cups;
Considerations for Employers
close or physical contact including sexual and/or close intimate contact, with other people;
In addition, employers should encourage many of the same workplace practices observed during the COVID pandemic, including frequent handwashing, sanitizing, requiring the use of protective gear such as face coverings and gloves, and regular cleaning and disinfection of the workplace.
Healthcare employers must be especially vigilant and ensure that workers are complying with OSHA requirements for protecting workers against occupational exposure to infectious disease, as well as the CDC’s Infection Prevention and
• Clean and disinfect items that have been worn or handled and surfaces that have been touched by a lesion;
• Wear protective items to cover any lesions;
Control of Monkeypox in Healthcare TheSettings.CDC Prevention Practices recognizes a variety of ways an infected person can prevent the spread of the monkeypox virus, including encouraging isolation for the duration of the illness. However, if an individual is unable to isolate and is symptomatic, the CDC Prevention Practices recommends that an infected person:•Avoid
If an employee contracts monkeypox, the employer should encourage the employee to seek medical treatment immediately and to follow medical advice regarding monitoring, isolation, and the use of personal protective equipment.
community are disproportionately impacted. The disease brings with it the increased potential for targeting those individuals with discrimination, harassment, and retaliation. Employers should be prepared to handle any discrimination complaints and follow proper Employersprocedure.should also be careful in drafting any policies or communications relating to the monkeypox virus to include language making clear that the virus can be contracted by anyone, notwithstanding their sexual orientation.
ADA and FMLA Considerations
Employers should revisit employment policies or practices that may be implicated if a monkeypox virus exposure occurs in the workplace, including policies relating to leave, paid time off, accommodations, retaliation, and the discrimination or harassment complaint procedures. For instance, employers should consider applicable state and local paid leave laws to determine whether employees may be entitled to paid leave due to the monkeypox virus, including but not limited to time off to be vaccinated. Further, it also may be a good time to remind supervisors and/or managers about recognizing and handling requests for accommodations, and any related policies, to ensure no discrimination occurs in considering such requests.
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Employers should be careful when requesting confidential or medical information from employees in support of leave or accommodation requests. Medical information obtained in connection with either one should be maintained confidentially and separate from the employee’s personnel file.
While anyone can get the monkeypox virus, at this stage members of the LGBTQ+
Ashlea Edwards, Esq. is a labor and employment attorney at Akerman LLP in Jacksonville, Florida. She focuses her practice on defending employers against employment related claims, including claims of harassment, discrimination, whistleblowing, employee leave and reasonable accommodations, wrongful termination, retaliation, wage and hour violations, as well as initiating breach of restrictive covenant cases. As part of her counseling practice, Ashlea provides a range of support to employers, including corporate governance counseling and investigations, policy interpretation and implementation, and reviewing and drafting of employment handbooks, agreements, applications, and more. Notably, she sits on The Florida Bar Young Lawyers Division Board of Governors representing the Fourth Judicial Circuit covering Duval, Nassau, and Clay Counties.
Reviewing Policies and Reminding Management of Policies
Depending on the severity of the monkeypox virus symptoms, it may be considered a “serious health condition” under the Family and Medical Leave Act or a “disability” under the Americans with Disabilities Act (ADA). Employers should consider the impact of the monkeypox virus on a case-by-case basis.
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John Miller, III Boy Agnew Potanovic Miller
Congratulations to this year's honorees
We apologize to any LCBA Members who were inadvertently omitted from the Super Lawyers and Rising Stars lists in our August issue. We are proud to announce the following Lee County Bar Association members have been selected to the 2022 Florida Super Lawyers or the 2022 Florida Rising Star lists. Please join us in congratulating them!
Denise Wheeler Wright Wright Mediation
Grant Fridkin Pearson, P.A.
intellectual property
Jeanne Seewald
Grant Fridkin Pearson, P.A.
Spencer Cordell
William Pearson
DeMine Immigration Law
Indera DeMine
real estate
alternative dispute resolution
immigration law
Charles Whittington
civil litigation: defense
estate planning & probate
Hahn Loser & Parks, LLP
Law Office of Spencer Cordell, P.A.
2022 florida super lawyers and rising stars
criminal defense
he Lee County Bar Association’s Health and Wellness Committee, in conjunction with the Fort Myers River District Alliance, is excited to announce that the third annual Downtown Dash is on Friday, September 16, 2022 at 6:00 p.m. After being moved to Spring 2021 from Fall 2020 due to the pandemic, it’s back in its original season and better than ever. The Dash was originally created in 2019 to provide a local event where health and wellness was brought to the forefront for the legal profession. Legal work is stressful – with demanding hours, clients, and responsibility. Add in the demands from a busy personal life and top it off with the uncertainty of a global pandemic, and stress levels are bound to rise even further. Over the past two years, as a legal community, our mental and physical health have been severely taxed, and many are looking for ways to reclaim their Johnhealth.Miller, a co-creator of the Dash, uses running to balance his physical and mental health. He tries to exercise almost every day, whether by running, biking, swimming laps at the pool, or going to the gym. Daily exercise helps keep him balanced, gives him a clear mind to focus on his practice, and makes him feel ready to take on the challenges of the day. John also enjoys running with his wife, Kayla, who is an attorney in private practice.
guest attorney
John Miller, Esq. is a partner with Boy Agnew Potanovic Miller. He focuses his practice exclusively in civil litigation and has extensive experience representing businesses, govern ment entities, individuals, and insurance carriers at the trial and appellate levels, as well as in arbitration proceedings.
by kimberly davis bocelli and john miller co-chairs of the health and wellness committee
wellness within the community at large. As in 2021, the net proceeds from the Dash will benefit the Fort Myers branch of the SKY Family YMCA, which offers many services that promote health and wellness for individuals, families and our community, including youth sports programs. By supporting the YMCA today, we are helping to improve health and wellness opportunities into the future.
This promises to be a fun, family-friendly event for a great cause. Sign up by youDowntownDashFortMyers. Wewww.runsignup.com/Race/FL/FortMyers/visitinghopetoseeallthere!
Kimberly Davis Bocelli is a General Magistrate for the Twentieth Judicial Circuit Court in Lee County, Florida. She presides over civil, guardianship, probate, mental health, and family law cases, and previously practiced civil litigation.
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The Dash is being held in conjunction with the River District Alliance’s Music Walk, so registrants and spectators are encouraged to stick around afterward to enjoy the entertainment and businesses downtown.
ReadyDASH?to
After less than a year in private practice and settling into a sedentary lifestyle, Kimberly Davis Bocelli started running in 2006 to live a healthier lifestyle. A colleague’s invitation to run a local 5K escalated to longer races and joining the Board of the Fort Myers Track Club. In addition to relieving stress, running also provides her an opportunity to catch up with friends, lawyers and non-lawyers alike, while getting exercise.
Whether you are an experienced runner looking to test your limits at the one-mile distance or a couch potato trying to kickstart a more active lifestyle, or anywhere in between, the Dash is a great opportunity to fulfill your personal goals and you’ll be happy you crossed the finish line. The Dash welcomes all ages, speeds (walkers welcome!) and competition levels. The Dash will have a different course in 2022: starting and finishing on First Street, near the Sidney and Berne Davis Art Center at 2301 First Street. The first 200 registrants will receive a gender-specific singlet. There will be awards for the top three finishers (male and female) in each of the standard age groups, as well as the top finisher (male and female) in specialty categories for the fastest lawyer, legal staff and court staff (judges, clerks, bailiffs, etc.). The Fort Myers Track Club will chip-time this event. Furthering our impact, the Downtown Dash seeks to promote health and
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19September 2022 RES GESTAE C R I M I N A L D E F E N S E 1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919 SCOTT T. MOOREY scott@GoodPeopleDoGetArrested.com275-5552 PIZZOLATOLAW.COM (239) 225-7911 8660 College Parkway. Suite 400 Fort Myers, FL 33919 Lawyer for Life Barbara M. Pizzolato, Esq. Over 30 years experience Licensed to practice in New York, New Jersey, Connecticut, and Florida Committed to establishing long lasting relationships with her clients Offers personalized, customized legal services that clients expect and deserve
ttorneys are used to working long hours and “pulling allnighters”. They become accustomed to it in law school, and for some, it even becomes a badge of honor.
A study conducted by the Mental Health Foundation found that people that didn’t get enough sleep were four times as likely to suffer from lack of concentration, have relationship problems, be 3 times more likely to suffer from depression and be 2.6 times more likely to commit suicide.
According to the National Sleep Foundation, the average adult requires between 7-9 hours of sleep per night. Getting proper sleep is part of an overall health plan, and healthy sleep habits is known as “sleep hygiene.”
The University of Warwick conducted a study and found that getting less than 6 hours of sleep on a continuous basis makes you 48% more likely to die of heart disease and 15% more likely in developing a stroke.
Is lack of sleepyourruininglife?
20 RES GESTAE LeeBar.org
Health Risks Associated with Lack of Sleep
A
Busy attorneys are focused on case management, client service and law office management. Young associates look to impress the law firm partners with their high billable hours. Time disappears, and with it, the opportunities for precious sleep. Attorneys, of course, work much more than the standard 40-hour work week as well as manage a huge amount of stress.
insomnia, which is defined as being unable to fall asleep or stay asleep for long.
by keith grossman, esq.
For many, this lifestyle significantly impacts their personal and social lives. It also impacts their overall health. Last month, the Res Gestae looked at topics related to mental health. This article looks more closely at sleep patterns, and how lack of sleep robs our bodies of the ability to rest and recover. Studies show 50 – 70 million people in the U.S suffer from
Quite simply, lack of sleep can be a matter of life and death.
Quite simply, lack of sleep can be a matter of life and death.
Professor Kevin Morgan from Loughborough University’s sleep research team says that “those who sleep 7-9 hours live longer than those who sleep shorter or even longer”.
Avoid taking naps during the day, especially in the late afternoon or evening.
Don’t go to bed unless you are sleepy. Never try to force yourself to go to sleep. The goal is to reduce the time you are lying awake in bed. If you are not sleepy, do something calming and relaxing (like easy reading) not stimulating the mind (like computer games).
Maintain a regular bedtime and waking time, even on weekends or vacation. A nightly practice of dimming your home and electronics (using night mode on phones and computer screens), and lowering your ambient temperature to 68-70 degrees helps.
Refrain from smoking, alcohol or caffeine at least 6 hours before bed. Alcohol may seem like a good way to get to sleep, but in fact, it greatly interferes with your sleep. Caffeine stays in your system for a long time. It takes about 6 hours after drinking a caffeinated beverage for it to be eliminated from your body. If you are having trouble sleeping it is best to eliminate all caffeine from your diet.
Ways to Improve Your Sleep Patterns
active during the day helps with proper sleep. Lee Health offers a number of other tips to improve your sleep:
In order to help them sleep, some people drink a glass of wine or hard liquor before going to bed. Others take a sleeping pill. This behavior can actually make it more difficult to get good sleep, however. Sleeping pills are actually “non-waking” pills that lead to poor-quality sleep and early awakenings. Coffee, alcohol and most sleeping pills also interfere with the REM (rapid eye movement) sleep, which is when your body heals the Clearly,most.staying
As noted, sleep and mental health are tied together. Good sleep is essential for maintaining our baseline mental health. We know one night of sleep deprivation can dramatically affect our mood. Chronic sleep deprivation is associated with depression, anxiety, and other conditions. It can become a never-ending cycle because anxiety and depression often affect sleep, which then impacts our ability to manage the anxiety and depression, and so on.
21September 2022 RES GESTAE
Restrict activities in bed to those that promote sleep, such as light reading. Do not watch TV in bed. Do not eat in bed. Do not use your bed for anything other than sex or sleep. (Author’s note: avoid associating the bed with being awake). This helps train your brain that when you go to bed, it is time for sleep.
Try taking a hot bath 1-3 hours prior to going to bed. This will help to increase deep sleep. A temperature of 106 degrees Fahrenheit is recommended.
Exercise regularly, but not within 4 hours of bedtime. Regular exercise will help your sleep and overall health. You may want to do light yoga or stretching close to bedtime.
Without proper sleep, the brain can’t regenerate properly. Sleep affects our ability to fight disease and develop immunity. It also impacts our metabolism and chronic disease risk.
A good night’s sleep is the body’s best way to heal physically, emotionally and mentally. Proper sleep refreshes and rejuvenates us. It helps us take on the day’s challenges. Lack of sleep can make you feel tired, forgetful and irritable.
If you cannot fall asleep within 20 minutes or so, get up! Leave the bedroom until you feel sleepy. Sit quietly and read something relaxing. Do not turn on the bright lights because the light tells your brain that it is time to wake up. Avoid the computer or the cell phone.Trynot to be anxious about sleep. Worrying in general will certainly interfere with your sleep. Set aside time to think about these issues during the day. If you find yourself thinking too much, write down your thoughts.
Frank Cappuccio, Professor of Cardiovascular Medicine & Epidemiology and co-author of the University of Warwick study, says, “the trend for late nights and early mornings is like a ticking time bomb for your health”.
Keep your bedroom dark and cool. Don’t go to bed hungry or too full. A light snack before bed is acceptable.
Breathing practices such as 4-7-8 breathing (breathe in for
Medical professionals tell us sleep is interdisciplinary because it touches every aspect of health; it’s not only the determiner of whether we are tired or alert. Sleep is essential to every process in the body and is needed so our bodies and minds work correctly. Without proper sleep, the brain can’t regenerate properly. Sleep affects our ability to fight disease and develop immunity. It also impacts our metabolism and chronic disease risk.
Avoid energy boosters and sleeping pills. This helps restore sleep to the way it is intended to be.
Sleep is an altered state of consciousness where we have limited interactions with our surroundings and are relatively quiet and still (depending on the stage of sleep). Contrary to our quiet physical state, the brain is very active during sleep, carrying out many important functions.
As a final point, a popular book that Kogan Weed suggests reading is “Why We Sleep” by neuroscientist and sleep expert Matthew Walker.
4 seconds, hold for 7 seconds, exhale for 8 seconds) and relaxation techniques such as meditation, yoga, and guided imagery will calm your mind and lay a solid foundation for a restful sleep.
On this last point from Lee Health, a 2015 study published in JAMA Internal Medicine reported that among older adults, meditation could produce “robust improvements in sleep.”
Assistant Public Defender Ashley Kogan Weed, who is also trained as a yoga instructor, believes strongly in the benefits of meditation and yoga for sleep. She recommends taking five minutes each evening to prepare for sleep. “Finding a nighttime routine is helpful in preparing yourself to go to Shesleep.”also says, “You can do a guided meditation using the ‘Calm’ or ‘Insight Timer’ apps. I do a lot of guided relaxation Topractices.”become a yoga teacher, Kogan Weed initially received 200 hours of training. She has also been trained in trauma informed yoga. Additionally, she has been trained in the “Warriors at Ease” training program, which provides evidence-based, trauma-informed, and accessible mind-body practices. Kogan Weed says, “the importance of sleep was included in most of my trainings.”
This is a tip also recommended by Magistrate Kimberly Bocelli, who is also co-Chair of the LCBA Health & Wellness Committee. She says, “One of the concrete things I’ve implemented is using the Downtime feature on my iPhone.”
If she does have to use a device with a screen after 10:00 PM, she has a pair of blue light glasses she wears. She’s not certain if the science supports the benefits of blue light glasses, but she believes they help. She says, “I find it’s easier to fall asleep.”
Downtime allows you to limit the time you spend on your iPhone. Bocelli has it scheduled from 10:00 PM through 6:00 AM. She says, “This is so I can’t sit and scroll right before bedtime.” She typically goes to bed at 10:30 PM. She says to set these limits on your iPhone, go to Settings,
In addition to Ayurveda, Kogan Weed suggests learning about Integrative Restoration Yoga Nidra, otherwise known as iRest. It’s a guided 10-step meditation process that promotes psychological, physical, and spiritual healing and well-being. iRest provides tools to help you relax deeply, release stress, and increase resiliency. Kogan Weed says, “It puts your body in a calmed state. It can be very relaxing.”
Kogan Weed, who is also trained as a yoga instructor, believes strongly in the benefits of meditation and yoga for sleep. She recommends taking five minutes each evening to prepare for sleep. “Finding a nighttime routine is helpful in preparing yourself to go to sleep.”
Kogan Weed also suggests turning off your phone before you go to bed. She says that ideally, you would do this an hour before bedtime.
22 RES GESTAE LeeBar.org
If you are interested in going deeper with meditative practices, Kogan Weed also speaks about Ayurveda, which is an alternative medicine system with roots in India. Kogan Weed says, “Its a sister science to yoga, and it’s been around as long.” In Ayurveda, sleep is one of the three pillars of good health, known as nidra. The right balance of the three pillars is necessary for a healthy life. Ayurveda views sleep as following the Ayurvedic clock, which focuses on the right time to sleep, the duration of sleep, and the ideal time to wake up.
Sunrise Alarm clocks provide 30 to 40 minutes of gradually building artificial light that mimics a sunrise, and the sound fades in. It starts quietly and slowly gets louder and louder. They are programmable like a regular alarm clock. Bocelli says, “I understand it helps make sleep more effective and you feel more rested.”
Bocelli has also read that direct exposure to morning sunlight in your eyes just after waking up can help you sleep better at night. Mark Hyman, MD, writes that the light from the sun enters your eyes and triggers your brain to release specific chemicals and hormones that are vital to healthy sleep, mood, and aging. Therefore, Bocelli walks her dog for 20 minutes each morning in direct sunlight without sunglasses.
In her classes, Kogan Weed teaches the “Legs Up the Wall” posture. This pose is where you keep your back flat, and your legs are against the wall or something like a couch. “It allows your body to relax the parasympathetic nervous system.” This is the part of your nervous system that relaxes your body after periods of stress or danger. “It helps you go into a rest and digest process.”
Kogan Weed has been teaching yoga for three years, and she currently teaches trauma-informed yoga at Vibe Yoga. People who are interested in attending her classes can register through Vibe Yoga or at the Mindbody app.
Assistant Public Defender Ashley
Additionally, a friend recommended to Bocelli to use a sunrise alarm clock with nature sounds, which Bocelli has not yet tried. The specific one her friend uses is the Philips SmartSleep Wake-up Light.
then Screen Time, then Downtime and App Limits. Bocelli also strives to not work on her computer or watch TV after 10:00 PM. She prefers to read for 15 minutes before going to bed. She says it helps her wind down.
23September 2022 RES GESTAE
Over the years, we’ve implemented new programs and services designed to improve overall employee wellness. We’ve hosted employee appreciation breakfasts and luncheons, team building exercises, Kaizen sessions, ice cream socials, walking challenges, and numerous socials and fundraisers to benefit United Way.
The team members at the Lee County Clerk’s office are responsible for more than 1,000 statutory duties, many of which deal with assisting the public at their greatest and worst of times.
My office also offers our team members an Employee Assistance Program that provides thousands of free and confidential services, 24/7. They can get mental health consultations, parenting assistance, mortgage counseling, financial management classes, legal assistance, childcare resources, and more. When an employee schedules an appointment with the EAP, they are assessed to determine which services best fit their individual needs. These vital services help manage everyday personal and professional stressors to improve overall health and well-being.
HelpingClerks Help You
Our court clerks also record sensitive case evidence, such as murder weapons and autopsy photos. They read through criminal case dockets to accurately redact and protect victim information in many disturbing cases. Each day, we answer hundreds of phone calls and receive hundreds of in-person visits from customers with dire concerns impacting their lives.
roviding a healthy workforce makes good business sense.
We play a vital role during your nuptials, travels requiring passports and the recording of the deed to your new home. We are also there during the most unpleasant times, like divorces, child custody disputes and petitioning for domestic violence injunctions.
heart. To ensure the Clerk’s office is a great place to work and that our team consistently provides you excellent customer service, it’s important that our management team works proactively to address and minimize any added stress associated with our sensitive work.
These activities increase employee morale and productivity. They also create an environment conducive to teambuilding and increasing interpersonal relations among all employees. Providing a positive workplace is critical to reducing individual stress and enhancing our public service.
24 RES GESTAE LeeBar.org special feature
by kevin karnes, lee county clerk of the court & comptroller
Our management team also has an open-door policy, and we encourage our team members to contact their leaders
any time for any reason. Addressing concerns quickly and keeping two-way communication is key to ensuring a positive work environment.
This critical role in the justice system is challenging and is not for the faint of
As your Clerk, it is my priority to ensure our customers and judicial partners are afforded the highest quality of public service. We couldn’t achieve this without also focusing on maintaining the strength and health of our team of knowledgeable professionals.
P
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Kathy Sturgis shows the community thatattorneys do good thing s
Author's note: While Judge Sturgis is my friend and someone I hold dear to my heart, I used her appropriate title in this article out of respect for her accomplishments and the bench.
by holly cosby, esq.
hen I was asked if I would be willing to interview Past President (1992), the Honorable Kathy Sturgis, I don’t think I even blinked before saying, “YES!!” Judge Sturgis has led by example in showing women that they can do it all. She balanced being a wonderful mother and wife, maintaining a busy and fulfilling career in law and on the bench, while still finding time to volunteer in the community and do the things she loves, like competing in national ballroom dance competitions. As the second female to ever hold the position of LCBA President, Judge Sturgis has been someone I’ve looked up to and learned from, and it is an honor to write about her and the ways she has impacted our legal community.
Judge Sturgis wanted to bring respect back to the legal profession by promoting service to others and encouraging attorneys to help others by taking cases pro bono. She wanted to show the community that attorneys do good things. Judge Sturgis grew up watching her mother and grandmother volunteer and wanted to follow in those footsteps and give back to the profession and the community.
Judge Sturgis is a Founding Member of the Imaginarium, a Founding Member of and a Chair of the Women’s Legacy Fund of the Southwest Florida Community Foundation. She has also served as President for the Calusa Chapter of the Inns of Court. Currently, Judge Sturgis is the Secretary for the Rotary Club of Fort Myers Board of Directors.
In keeping with her goal of service, Judge Sturgis organized a group of attorneys
Judge Sturgis’ husband is also a judge: The Honorable Radford “Rad” Sturgis. Anyone who knows “The Judges Sturgi”, as many affectionately refer to them, will understand when I share that Judge Sturgis says she went to law school to learn how to hold her own in an argument with Rad. During her career, Judge Sturgis practiced as an attorney for many years, and then took a sabbatical to
Judge Sturgis truly believes that the legal community faces difficulty balancing work with quality of life, mental health, and physical health. The work-life balance is an issue that many are constantly struggling with. The LCBA could take on those issues by providing an open forum where people can share, grow, and learn from one another.
What do you see as the most pressing issues currently facing the Lee County legal community, what should law firms and attorneys focus on, and how can the LCBA take on that/those issues?
What’s GYROKINESIS®? It is a movement method that addresses the entire body, increasing range of motion and creating functional strength, that coordinates movement, breath, and mental focus.
What were your goals for the LCBA, and why did you feel it was important to serve as a member of the LCBA?
W
to travel to Homestead after Hurricane Andrew to provide legal services to those in need, especially in the areas of housing and insurance. She also developed the LCBA Member at Large Board positions. During her year as LCBA Vice President, Judge Sturgis developed a program where attorneys could present on topics of interest. She fondly reflected on the time that attorneys Kim Hart and Jeff Garvin, who many of us know and respect, gave an animated “point and counterpoint” presentation on attorney advertising during the time when The Florida Bar was just starting to allow it. What community leadership positions have you held since?
raise their son, Skye. After her sabbatical, she became a private mediator and then a state mediator for ten years for the Fort Myers Judge of Compensation Claims. She then rose to the Bench and sat as Judge of Compensation Claims for the State of Florida for almost ten years. After serving with the Office of the Judges of Compensation Claims for nearly two decades, Judge Sturgis returned to mediation for a few years, and eventually retired from the practice of law. She is now a Certified GYROKINESIS® Trainer.
What made you choose a career in law, what are the highlights of your Curriculum Vitae?
past president q&a
26 RES GESTAE LeeBar.org
What were your accomplishments during your tenure, and what was your most memorable LCBA experience?
Naples, Ft. Myers, Sarasota & Tampa
Mike Lago, Esq.
27September 2022 RES GESTAE Mike Dal Lago, Esq. 999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108 Serving: Naples, Ft. Myers, Sarasota, Tampa & Orlando Restructuring / Bankruptcy | Business Law | Commercial Litigation 239-571-6877www.dallagolaw.com BUSINESS LAW BUSINESS RESTRUCTURING BUSINESS BANKRUPTCY • Business Formation • Corporate Governance • Fiduciary Duties • Insolvency Matters • RestructuringOut-Of-Court • ReorganizationBankruptcy • Chapter 7, Chapter 11 And Subchapter V Bankruptcy Cases • General CounselingCorporate RESULTS.INTEGRITY.KNOWLEDGE.
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28 RES GESTAE LeeBar.org legal lens
1 The LCBA "Redisticting: Florida's Changing Demographics and its Effect on Equal Representation in Government," luncheon was held on July 22 at The Edison Restaurant. Members of the LCBA heard from elected officials Ray Rodrigues, Brian Hamman and Tommy Doyle about Florida's redistricting plan that was signed into law. The luncheon was sponsored by Edison National Bank. 1. Senator Ray Rodriguez, Jonathan Martin 2. Jennifer Gutmore, Ryan Downey 3. Geoff, Mairin, Matthew & Robbie Roepstorff 4. Leland Garvin, David Sims 5. Mary Rine, Hon. Kimberly Bocelli, Katherine Kahle 6. Tiffany Pereira, Diana "Dawn" Maselli, Lindsey Scott Garza 7. Hon. Christopher Whitney, Hon. Kathy Smith, Bob Beville, Lauren Baugh, Magistrate Kimberly Davis Bocelli 8. Thomas Panebianco, Karla Campos-Andersen, Che Diaz, Shirlarian WilliamsFormore pics, check out the gallery at LeeBar.org 1 2 6 7 5 3 8 4
PhotographyJettJimofcourtesyPhotos
29September 2022 RES GESTAE
Photos this page: Oxbow memorabilia
D
We decide we should order our food as we are both famished. Spencer orders the “pork fries” to start, and I can’t resist trying the onion rings. We sit and speak for a few, and then they come out. I am not sure what I thought pork fries were, but then they arrive as a lovely pile of fresh French fries with a bed of freshly
Photos opposite page top left corner clockwise: pork fries, menu, Caesar salad with grilled chicken, Cuban sandwich, salty crew taco t-shirt for sale, onion rings.
THE OXBOW SERVES UP GREAT FOOD AND THE BEST VIEW DOWNTOWN
30 RES GESTAE LeeBar.org the dish
owntown Fort Myers has quite a few options when it comes to restaurants, and often when it is time to choose a place to meet someone for lunch, I often lean on them to choose because I have been to all of the restaurants in downtown. On this day, Spencer Cordell and I are meeting for lunch to chat about life and the bar (LCBA). He chooses to meet at Oxbow, one of the newest establishments in downtown Fort Myers. I actually haven’t been yet, so I quickly agree. We decide to meet each other on a Friday, and I decide to walk to the restaurant early to check out the place before we start our meeting. I did not have the chance to ever enter the “Art of the Olympians”, but I remember it being at the same location. It’s interesting to walk into this structure for the first time in my Ilife.am greeted by a gift shop of sorts, and they have it all, from Yeti coolers, to cookbooks, to fishing gear, to survival books. If you come there and are waiting for your party, you will not be bored as there is a lot to look at. Spencer arrives and we are taken to our table. We choose to sit outside, so we can enjoy what I now know was the last day before the sun
decided to scorch us daily. We sit right on the edge of the Caloosahatchee River, and it is a gorgeous view of both the 41 and Edison bridges, as well as some lovely visitors: dolphins. Each time I try to take a photo of them, they pop right back under the water. They are clearly camera shy!
by lauren baugh
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.
rings are also delicious. They are covered in a panko crust, which is super crunchy. We order our entrees next. Spencer orders the Cuban sandwich with no pickles. This makes me laugh as part of the charm of a Cuban sandwich is the pickles. He swears he will not miss
The chicken is perfectly grilled, and together, it is truly an amazing salad. It is a perfect accompaniment to the weather and view.
31September 2022 RES GESTAE
I order a Caesar salad with grilled chicken. I think that since I ate pork fries and onion rings, I better eat a “healthier” option. For those wondering if the salad is good…it is DELICIOUS! They make the dressing in house, which is how I measure a restaurant’s quality. It’s not the typical measuring method, but it is mine.
them, and as he eats it, I ask. He indeed does not miss the pickles and says the sandwich is worthy of writing about, so here we are. HA!
1300 Hendry St, Fort Myers, FL 33901
Sun - Wed 11 a.m. - 9 p.m.
Thu 11 a.m. - 10 p.m.
Fri - Sat 11 a.m. - 11 p.m. oxbowfortmyers.com | (239) 314-3856
pulled pork and all kinds of fun toppings. Pickled onions and purple jalapenos are among the ingredients. It is delicious! This dish in and of itself could have been a Themeal.onion
I highly recommend taking the trip to DTFM and treating yourself to a delicious meal with one of the best views in the area at Oxbow!
Bartley Fouchard, P.A.
Hagen Law Firm
32 RES GESTAE LeeBar.org
Tamara Sager, Esq.
Frohlich, Gorgon & Beason, P.A.
The North Law Firm
Scott Forster Jr, Esq. Office of the Public Defender
Tamara H. Sager, P.A.
Magner Tiuso, Esq.
Bartley Fouchard, Esq.
new members
Chris Frohlich, Esq.
Joseph North Jr, Esq.
Knott Ebelini Hart
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33September 2022 RES GESTAE 100 club
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know. Call Today! 239.470.4204 Email:Christina.Mehta.realtor@gmail.com 1342 Colonial Blvd • Unit H-59 • Fort Myers, FL www.ChristinaMehtaRealtor.com33907 Affiliate Member of the Lee County Bar Association ChristinaMehta , GRI, RSPS Waterfront Specialist Southwest FloridaYour Realtor®Don’t Dependency?Like I Do. David T. Agoston, Esq. Practice limited to: • DCF Dependency Defense • Termination of Parental Rights • Grandparents’ Rights Over 28 years of experience (239) 313-7581 dtalawfirm@aol.com
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5. I cannot wink. I have watched YouTube videos, practiced keeping one eye shut, and even tried taping one eye down – no success. I like to close both eyes while I turn my head to the side and pretend, though.
34 RES GESTAE LeeBar.org
member spotlight
4. I am allergic to shellfish. I developed the allergy at 13, and it’s been a sad time ever since. Although, I can still eat mollusks, like scallops and oysters, so that’s a plus. I’m just glad it’s shellfish and not bread!
3. I have been a Disney World annual pass holder for 10+ years and absolutely love the happiest place on earth. My favorite park is Epcot (because drinking and eating around the world), and I enjoy frequenting the theme parks at least once a month (take all my money, Mickey).
1. I am OBSESSED with my sassy miniature dachshund, Roxy. She is my sunshine when skies are grey, and I cannot imagine life without her! Some of her favorite things are cuddles, SNACKS, and chewing on things she should ABSOUTELY NOT be chewing on.
2. I am getting married in the fall! Planning a wedding is everything everyone says it is AND MORE. The details are completely overwhelming, but the excitement trumps the stress. Plus, Roxy is going to be the flower girl!
35September 2022 RES GESTAE THE BUSINESS OBSERVER OFFERS: • Electronic invoicing and E-filing capabilities • Professional staff to quickly assist you • Our multiple locations allows us to publish notices in 12 counties with one call • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost BusinessObserverFL.com POST YOUR NEXT PUBLIC OR LEGAL NOTICE IN THE BUSINESS OBSERVER. To publish your legal notices, call Kristen: 941-906-9386, ext. 323 Email: kboothroyd@BusinessObserverFL.com The Observer is in compliance with all Florida laws. Which means doing business with us is simple, fast, affordable and accurate. XNLV20875
2. I traveled to China in high school.
36 RES GESTAE LeeBar.org member spotlight Joseph Coleman, Esq. The Legacy ContinuesThe Legacy Continues 2134RespectfulDivorces.com239-332-4543McGregorBlvd.,FortMyers,Fl33901
Sheldon E. Finman, Esquire | Julia L. Finman, Esquire
4. I have read all the Harry Potter books at least four times.
5. I am not related to any of the other attorneys in Southwest Florida with the last name “Coleman.”
Divorce does not have to be a destructive process.
1. I played trumpet in two different marching bands in college.
A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage.
Helping Save Families since 1971
3. My fiancé and I met by complete chance at Universal Studios in Orlando, even though we both lived in Southwest Florida at the time.
37September 2022 RES GESTAE WANT REFERRALS?MORE Your fellow LCBA attorneys could be your #1 source. Advertise Here! Contact Ryan Gonzalez 239.690.9840 Ext.1013 advertising@conricpr.comor ( 2 3 9 ) 8 2 1 - 0 0 6 9 B r a z z e a l M e d i a t i o n . c o m S c h e d u l e O n l i n e Chad T Brazzeal, Esquire Chad@BrazzealMediation.com M e d i a t i o n . A r b i t r a t i o n . V i r t u a l o r I n - P e r s o n . Board Certified in Civil Trial Law by The Florida Bar Represented Plaintiffs and Defendants Former Plaintiff side Personal Injury Attorney Former Medical Malpractice Defense Attorney Southwest Florida Resident Since 2005 Office in Collier County, Florida
38 RES GESTAE LeeBar.org in the news
Pavese Law is pleased to announce that Luke L. Kane has joined the firm as an Associate. Kane is a member of the firm’s litigation group where he will be representing clients in a wide range of civil litigation and business law matters. While attending law school, Kane served as a staff editor for the Florida State University Business Review, treasurer for the Entertainment, Arts & Sports Law Society, and a teaching assistant with the FSU Juris Master’s Program.
Lee County Clerk of Court customers can now get their Official Records certified from the convenience of their home computer. The new service produces electronically certified documents, such as affidavits, deeds and marriage licenses. Customers can purchase the non-refundable e-certified records for $8 each at www.leeclerk.org/ecertify. Each e-certified document may take up to five minutes to produce before being emailed. The records are available to download for up to 30 days after the purchase is made.
Pavese Law sponsored a Day of Caring on August 13, 2022, at the United Way School Resource Center in Fort Myers. The team sorted and packed necessities like shampoo, conditioner, deodorant, toothpaste and other items into bags needed for Lee County students as they returned to school. The school supplies were requested for students by the school’s social worker or counselor. United Way’s Days of Caring is a year-round program that connects corporate and community groups with nonprofit agencies in need of assistance.
Kyle C. Dudek’s investiture as United States Magistrate Judge in the United States District Court for the Middle District of Florida will be held on September 8, 2022. Dudek was appointed to the bench on July 1, 2022. Prior to being appointed to the bench, Dudek was a stockholder at Henderson Franklin. He also previously served as a law clerk for the Honorable G. Steve Agee in the U.S. Court of Appeals, the Honorable James C. Cacheris in the U.S. District Court (Virginia), and the Honorable Andrew Baxter in the U.S. District Court (New York).
Lee County Clerk Kevin Karnes has announced his office is now providing general assistance completing select court forms. This new service helps customers representing themselves in court properly complete forms and better understand the process to avoid delays in resolving disputes. The service is currently offered for limited civil and family cases, including evictions, domestic violence, small claims, adult name changes, and sealing criminal records. Customers can access the Court Form Preparation Services at The Honorable Linda Doggett Self-Help Center on the first floor of the Justice Center.
Pavese Law is pleased to announce that Brett G. Bleier has joined the firm as an Associate. Bleier is a member of the firm’s condominium & homeowners/transactional law group. His practice will encompass a broad range of matters including enforcement of document restrictions, protecting and defending the association’s interest in its property and governing documents, simple sales agreements, and complex contract negotiations. While attending Ave Maria School of Law, Bleier served as an Associate Editor, and later Senior Editor, for the school’s Law Review Journal.
Aloia new ad 39September 2022 RES GESTAE Aloia, Roland, Lubell & Morgan, PLLC Practice Areas: +Business+Litigation& Commercial Law +Class Actions & Mass Torts +Construction Law +Corporate Transactional Law +Family +PersonalLawInjury & Wrongful Death +Property Damage +Real Estate Law +Wills, Trusts, Estates & Probate Ty Roland has been selected to The 2022 Florida Super Lawyers list Super Lawyers Magazine is published by Reuters Aloia, Roland, Lubell & Morgan, PLLC info@lawdefined.com + 239-791-7950 Discover us for yourself Our ServiceDedicatedDefines Us. Our personal injury team advocates for the most vulnerable -- individuals who have suffered serious injuries or death. We’re deeply committed to protecting our youth, supporting families and building a safer community for all who call Southwest Florida home. Proud Southwest Florida Chapter members Evan Lubell has been selected to The 2020, 2021 & 2022 Florida Super Lawyers lists Super Lawyers Magazine is published by Reuters
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P.O. Box 1387 Fort Myers, FL 33902-1387 (239) 334-0047 Fax (239) LeeBar.org334-0523 PRSRT STD U.S. POSTAGE PAID FT. MYERS, FL PERMIT NO. 147 Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank. To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.
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When Edison National Bank opened its doors in 1997, we commemorated the occasion by planting a Royal Palm. Today, that tree is a testament to 25 years of service. We’re standing strong and continue to plant the seeds of trust and loyalty. As the oldest locally owned and chartered community bank in Lee County, our roots go deep in the community, and we remain unwavering in our commitment to your banking needs.
